ESTATE, TRUST AND GUARDIANSHIP LITIGATION

TORONTO LITIGATION LAW FIRM

Starting with Preparation Finishing With Results

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Types Of Cases

Graham Estate Law is a Toronto boutique litigation law firm. We focus on estate, trust and guardianship liti gation. We represent clients at all levels of court in Ontario. We apply a results-oriented approach, taking into account the estimated costs, potential benefits, and drawbacks of each step, in both litigation and negotiation

Dependant Support Claims

Ontario law requires that testators make adequate provision for the support of their dependants, including their spouses, children, parents, even brothers and sisters. A person who qualifies as a dependant may commence an application for dependant support from the testator’s estate

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Guardianship Applications

Where a person is no longer capable of making decisions about managing property or personal care, and needs someone to make decisions on his or her behalf, a family member or other interested person can bring an application to become a court-appointed guardian of the incapable person’s property or person.

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Trustee Removal

Any fiduciary acting in a representative capacity can be removed by the Court and replaced with someone else. This includes estate trustees, attorneys for property or personal care, guardians, and so on. Removals can be voluntary or contested.

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Will Challenges

A will challenge is a proceeding to determine whether a document is the valid last will and testament of the testator. Will challenges are complex proceedings with distinct rules of evidence that have evolved over centuries.

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Variation of Trust

A trust can be varied if all beneficiaries consent. The applicant, who can be any beneficiary or the trustee, must convince a court that variation is in the best interests of all beneficiaries, and that all capable adult beneficiaries consent

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Power of Attorney Disputes

A power of attorney is a grant of decision making authority from the grantor to another person that is made while the grantor has capacity.

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We Focus On Estate, Trust And Guardianship Litigation.

We Represent Clients At All Levels Of Court In Ontario

We believe that early preparation, in anticipation of a possible future trial, leads to better results. Litigation disputes are best resolved by identifying the core issues and devising solutions, without being side-tracked by peripheral issues.

Fee Arrangements

Fear Of Legal Fees Should Not Stop People From Seeking Advice And Asserting Their Interests.

We tailor strategies, steps and solutions to the amounts in question, the legal and personal issues involved, and above all else – the client’s objectives. We provide our clients with frank advice to make in formed decisions, and then work to achieve the best possible result

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A. Sean Graham - Partner

Sean Graham was called to the Bar in 1999, having obtained his Bachelor of Law degree from the University of Western Ontario. Sean has practiced in the field of estate, trust and capacity litigation for over sixteen years.

Sean acts for both institutional and individual clients in matters involving estates and trusts, from complex estates with international corporate holdings to simple estates with a house and a bank account. Sean is frequently retained as litigation counsel in sensitive matters.

Sean Graham also acts as a mediator in estate, trust or guardianship matters.

Sean speaks frequently to groups of fellow lawyers as well as law students and clerks in the Continuing Legal Education setting. He is an enthusiastic legal writer, having co-authored An Introduction to Canadian Law – Ontario Guardianship Law, and published numerous articles in various Canadian and international estate and trust publications.

Christopher M.B. Graham – Partner

Chris was called to the Bar in 2002 after graduating from Queen’s University Faculty of Law.

Chris started his career practicing corporate law at a national law firm. Since 2007, he has focused exclusively in estate, trust and capacity litigation.

His experience includes acting in will challenges, dependant support applications, passing of accounts, trustee removal proceedings, and capacity litigation involving guardianships, powers of attorneys and Absentee Act applications.

Chris has advised family members and institutional guardians in all manner of contested and uncontested guardianship proceedings, from basic applications to manage an elderly parent’s assets, to sensitive guardianships involving urgent safety issues and guardianships requiring management plans for personal injury settlement or damage award proceeds.

Madonna Gutierrez
Law Clerk and Office Manager

Following graduating in 2013 from Herzing College, Toronto, with Dean’s List Honours from the Law Clerk Studies program, Madonna joined us as our law clerk and office manager.

Madonna is closely involved in various aspects of our practice, including the preparation of legal materials as well as the overall office organization.

She also interacts with clients and other professionals on whom the firm relies to help their clients. She is a vital member of our team.